Clerk of Court For the Court State Of Louisiana v. George Tillman
Clerk of Court For the Court State Of Louisiana v. George Tillman, No. 2020-KH-00237 (La. Aug. 14, 2020).
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Parker 711 So. 2d 694
- State Ex Rel. Glover v. State 660 So. 2d 1189
Opinion text
The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
GEORGE TILLMAN
No.2020-KH-00237
_ _ _ _ _ _
IN RE: George Tillman - Applicant Defendant; Applying For Supervisory Writ,
Parish of East Baton Rouge, 19th Judicial District Court Number(s) 08 -97-0149,
Court of Appeal, First Circuit, Number(s) 2019 KW 1352;
_ _ _ _ _ _
August 14, 2020
Writ application denied. See per curiam.
JDH
BJJ
SJC
JTG
WJC
JHB
Weimer, J., recused.
Supreme Court of Louisiana
August 14, 2020
08/14/2020 "See News Release 029 for any Concurrences and/or Dissents."
08/14/20
S
UPREME COURT OF LOUISIANA
No
. 20-KH-0237
S
TATE OF LOUISIANA
v.
GEOR
GE TILLMAN
O
N SUPERVISORY WRITS TO THE NINETEENTH
JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE
PE
R CURIAM:
D
enied. Applicant does not identify an illegal term in his sentence, and
therefore, his filing is properly construed as an application for post-conviction
relief. See State v. Parker , 98 -0256 (La. 5/8/98), 711 So.2d 694. As such, it is
subject to the time limitation set forth in La.C.Cr.P. art. 930.8. The application was
not timely filed in the district court, and applicant fails to carry his burden to show
that an exception applies. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State , 93-
2330 (La. 9/5/95), 660 So.2d 1189.
Applicant has now fully litigated his application for post-conviction relief in
state court. Similar to federal habeas relief, see 28 U.S.C. § 2244, Louisiana post-
conviction procedure envisions the filing of a second or successive application
only under the narrow circumstances provided in La.C.Cr.P. art. 930.4 and within
the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the legislature in
2013 La. Acts 251 amended that article to make the procedural bars against
successive filings mandatory. Applicant’s claims have now been fully litigated in
accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless he can
show that one of the narrow exceptions authorizing the filing of a successive
2
application applies, applicant has exhausted his right to state collateral review. The
district court is ordered to record a minute entry consistent with this per curiam.